A top Justice Department official said Thursday that the Department is considering joining an appeal against a federal appeals court decision that ruled a University of Texas affirmative action program was unconstitutional. Calling the ruling “wrong” and an “incorrect decision,” Associate Attorney General John Schmidt said it is likely the Justice Department will back the University if it appeals to the full court of appeals or to the Supreme Court. The University of Texas stands by its affirmative action program which it says is necessary to maintain a diverse student body. The 5th Circuit Court of Appeals disagreed in a 2-1 decision on Monday (3-19) that could affect all institutions of higher education unless overturned by a higher court.
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